Gloria D. Córdova, Family Law Attorney
Diamond Bar Family Law - Prenuptial & Postnuptial Agreements
Gloria D. Córdova provides legal services in all areas of family law including Prenuptial / Premarital Agreements and Postnuptial / Marital Agreements. The State of California has several requirements in creating a valid premarital or postnuptial agreement.
PRENUPTIAL / PREMARITAL AGREEMENTS
Also known as Antenuptial Agreements, are executed between to prospective spouses in contemplation of marriage, fixing marital property rights and financial responsibilities upon consummation of the marriage. Requirements in creating a valid premarital agreement include:
- The party against whom enforcement is sought be represented by independent counsel when the agreement is signed unless independent legal representation is expressly waived in a separate writing.
- The disclosure of property and financial information by each prospective spouse must be fair, reasonable and full.
- There must be at least seven (7) days between the time the agreement is first presented to a prospective spouse and the time it is signed.
- If not represented by independent counsel, that prospective spouse must, in a memorialized writing, be fully informed of the terms and basic effect of the premarital agreement and fully informed of the rights and obligations he or she is relinquishing by singing the agreement/li>
POSTNUPTIAL / POSTMARITAL AGREEMENTS
Also known as Postnuptial Agreements, are executed by husband and wife during marriage and affect marital rights and obligations incident to an ongoing marriage.